- 1 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 33352 OF 2018 (GM-FC) C/W WRIT PETITION NO. 50113 OF 2015 (GM-FC) IN WP No. 33352/2018 BETWEEN: 1. MRS SREEJA V WIEF OF RAJESH PULIYANKALATH, HARISREE, THENKURISSI, PALAKKAD DISTRICT, KERALA 678671. …PETITIONER (BY SMT. SREEJA V., PARTY IN PERSON) AND: 1. MR RAJESH PULIYANKALATH HARISREE, THENKURISSI, PALAKKAD DISTRICT, KERALA 678671, OFFICIAL ADDRESS: GENPACT HEADSTRONG CAMPITAL MARKETS, D-4, SECTOR 59, NOIDA UTTAR PRADESH 201307. …RESPONDENT (BY SRI. ABHISHEK R. HUDDAR, ADVOCATE) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA BY PARTY-IN-PERSON PRAYING TO- IMPOSE 12% INTEREST ON ARREARS RS.9,70,000 AND INITIATE APPROPRIATE SUO-MOTU CONTEMPT PROCEEDINGS AGAINST THE RESPONDENT FOR THE DELIBERATE NON COMPLIANCE OF EXISTING MAINTENANCE ORDERS, SO AS TO UPHOLD THE MAJESTY OF LAW Digitally signed by MEGHA MOHAN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 AND DIGNITY OF COURTS AS WELL AS SANCTITY OF COURT PROCEEDINGS AND ETC. IN WP NO. 50113/2015 BETWEEN: 1. SHRI RAJESH PULIYANKALATH SON OF SHRI. M. PADMANABHAN, AGED ABOUT 46 YEARS, PERMANENT ADDRESS, "HARISREE", THENKURISSI PO, PALAKAKAD, KERALA, CURRENTLY IN UTTAR PRADESH, AT FLAT NO. 105, KALA PATHAR ROAD, INDRAPURAM, UTTAR PRADESH. ...PETITIONER (BY SRI. ABHISHEK R. HUDDAR, ADVOCATE) AND: 1. SMT SHEEJA V DAUGHTER OF P. VIJAYAN, AGED ABOUT 40 YEARS, R/AT BHAGINI RESIDENCY/LODGE, RAMAMURTHY NAGAR, BANGALORE, PERMANENT ADDRESS "JAYA NIWAS" ALAGAPPA NAGAR, TRISSUR, KERALA 680 302 ...RESPONDENT THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS IN MIS PET.91 OF 2015 ON THE FILE OF THE HON'BLE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE, QUASH THE ORDER DTD. 17.10.2015 IN MIS. PET.NO.91 OF 2015 ON THE FILE OF THE I ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BANGALORE VIDE ANNEX-P ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE SMT. JUSTICE LALITHA KANNEGANTI - 3 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 ORAL ORDER IN WP No. 33352/2018 The present writ petition is filed seeking the following prayer: (page 96 para 74 (a to f) “74. It is therefore most respectfully & humbly prayed that and/or other appropriate writ/orders/directions may be this Hon'ble Court by issuing a writ of mandamus. pleased to: a) Impose 12% interest on arrears Rs. 9,70,000, and initiate appropriate suo- motu contempt proceedings against the respondent for the deliberate non compliance of existing maintenance orders, so as to uphold the majesty of law and dignity of courts as well as sanctity of Court proceedings; and to protect the fundamental rights guaranteed under the constitution. b) As per the allowed appeals, Grant 2/3rd of the salary of the respondent as monthly maintenance from the date of filing of Appeal (i.e. 14.12.2009) and give direction to the employer of the respondent to attach 2/3rd salary of the respondent no. 1, who is working in Genpact Headstrong Capital - 4 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 Markets India Pvt. Ltd. at D-4, Sector 59, Noida, Uttar Pradesh 201307, to the S/B A/c of the petitioner having A/c No.: 084201503947 of ICICI Bank, Rohini, Delhi, under Order 21-1(b) and Section 60(1) (IA) read with Rule 48-A of Civil Procedure Code, 1908 and Order 21-1(b) of Civil Procedure Code, 1908 and in the interest of justice, to recover arrears (which will be Rs. 4782054 as per the said order) from the date of filing 14.12.2009 as well as future maintenance amount, considering the proofs (Annexure E1) produced by the petitioner showing the respondent's deliberate non- compliance of Supreme court maintenance order dated 18.3.2013 (Annexure B1) & 3.2.2015 (Annexure C page 113) as well as the order dated 17.10.2015 of Family Court 97 Bangalore (Annexure D1) which had directed to deposit the amount to petitioner's ICICI A/C 084201503947 at the earliest (as per prayer (j) of I.A. 106-110/2015); and also considering the deliberate non compliance/disregard of the final Supreme Court direction dated 10.8.2015 (produced as Annexure D) - 5 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 by Family Court Bangalore; OR Give direction to the Family Court Bangalore to grant the maintenance from the date of filing of appeal (14.12.2009), within a period of one month, as per the allowed appeals, complying the Hon'ble Supreme Court order. c) Strike out the pleadings/defense of the respondent under Order 6 Rule 16 of Code of Civil Procedure, 1908 considering the, proofs/annexures produced by the petitioner for arrears Rs. 9,70,000, showing the deliberate non compliance by the respondent no. 1, of maintenance orders dated 18.3.2013, 3.2.2015 of Hon'ble Supreme Court of India and maintenance order as per impugned order dated 17.10.2015 of respondent no. 2 Family Court Bangalore which has enhanced the same, and the deliberate non compliance by Family Court Bangalore of the Hon'ble Supreme Court order dated 10.8.2015 (Annexure D) in the allowed Appeals and transferred applications and also especially considering that the matter has reached the Family Court Bangalore after the Appeals against - 6 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 the dismissal of permanent monthly maintenance u/s 25 r/w section 9 of Hindu marriage Act were allowed with a direction to grant the same as per the varying salaries of the respondent, at the earliest & not as per transfer petition (Annexure A); so as to uphold the majesty of law and dignity of courts as well as sanctityof Court proceedings. d) Enhance the maintenance amount as per prayer in I.A. 96-100/15 dated 1.5.2015 e-filed in Supreme Court 38 (Annexure G), to Rs. 1,46,742 per month, from the date of admission of Appeals i.e. 18.3.2013. as per the said prayer and as per Ground 32, 33 & 34 (Page 56-60), as the existing meager amount is not even enough to pay the house rent Rs 82,000/month and the Family court Bangalore has not considered the prayer as per the direction of Hon'ble Supreme court thereby violating the said order (Annexure D), Principles of natural justice and fundamental rights of petitioner and son. e) Grant the prayers in I.A. 96- 100/2015 and 106-100/2015 - 7 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 (Annexure G) and prayers in other I.As filed by the petitioner, transferred by the Hon'ble Supreme Court to the Family court Bangalore for consideration, as well as prayers in IAs r/w section 9 of Hindu Marriage Act, filed by the petitioner, as per the liberty given by the Supreme court as per final Supreme Court order, as well as per order dated 3.2.2015 of Supreme Court, which can be granted under PWDV Act 2005 as well as u/s 151 CPC as as Family Court Bangalore has rejected the same without complying the Supreme Court direction; OR Give appropriate writ/direction to the, Family Court Bangalore, to consider the prayers r/w section 9 of Hindu Marriage Act, in the said IAs (Annexure G) and other IAs within a period of two months, without sticking with Karnataka Civil Rules of Practice as it can not be applicable in Family Court where lawyers are prohibited as per Section 13 of Family Court Act & even in the same it is used only 'shall' or 'may' as per said Section 23 which - 8 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 is not mandatory, and to correct the mistakes in order dated 17.10.2015. f) Pass any such order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. When the matter was listed on the previous occasion, there was no representation on behalf of the petitioner, and therefore, the matter was listed today under the caption “for dismissal”. Even today, there is no representation. 3. The writ petition is filed seeking issuance of a writ of mandamus. The petitioner/party-in-person, has neither sought any specific relief nor assailed any order that is passed by the Family Court. In fact, the writ petition is in the nature of seeking execution of the orders that is passed by the Hon’ble Apex Court. 4. Such a writ petition filed cannot be entertained, as this Court cannot issue writ of mandamus under Article 227 of the Constitution of India for executing the orders of the Hon’ble Apex Court. Therefore, the reliefs sought by the petitioner are not maintainable. - 9 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 5. Accordingly, the writ petition stands dismissed. 6. All I.As. in this petition shall stand closed. IN WP No.50113/2015 7. The present writ petition is filed by the huband questioning the order passed by the Family Court, whereby the maintenance amount has been enhanced from an amount of Rs.40,000/- to Rs.60,000/- per month. 8. Learned counsel appearing for the petitioner submits that, by order dated 18.08.2025, the Trial Court dismissed the Misc. No.91/2015 for default, as there was no representation on behalf of the respondent herein. The order dated 18.08.2025 reveals that the respondent has remained absent for long time since 23.07.2025 and that no submission were made on the petition for long time. It appears that the respondent herein not interested in prosecuting the petition. Hence, the petition is dismissed for default. 9. It is further submitted that, in view of the dismissal of Misc. No.91/2015, nothing survives for consideration in the - 10 - HC-KAR NC: 2025:KHC:51659 WP No. 33352 of 2018 C/W WP No. 50113 of 2015 present writ petition. Accordingly, in the light of the dismissal of Misc. No.91/2015, this Court is passing the following: ORDER i. Accordingly, the writ petition is dismissed. ii. All I.As. in this petition shall stand closed. SD/- (LALITHA KANNEGANTI) JUDGE SMC List No.: 1 Sl No.: 1